Bar waiter sentenced to time on probation

GREENFIELD — The bar server who waited on two Hancock County men who later died in a drunken-driving accident will serve time on probation after admitting he continued to pour the men drinks even though they were visibly intoxicated, officials said.

Indiana State Excise Police announced in July it was pursuing charges against Helsley, who waited on Scott Wynn, 55, of Greenfield and Mitchell Wadley, 22, of Fortville on the night they died in a car crash.

The restaurant where Helsley worked, Ro’s Bar and Grill, 1514 N. State St., also faced a citation. That investigation is pending, officials said.

Prosecutors filed two Class B misdemeanor counts of sale of alcoholic beverages to intoxicated persons against Helsley in July.

He pleaded guilty to one of those counts Friday in Hancock County Superior Court 2; the second count was dropped as part of the plea agreement with prosecutors.

Surveillance footage from inside the restaurant clearly shows Helsley, the only server working the night of April 2 — the day of the fatal crash — bringing pitchers of beer and shots of liquor to Wynn and Wadley, who were out celebrating a friend’s birthday.

Even as the men in the party became increasing intoxicated — surveillance video caught the men wrestling around, spilling beer, stumbling and staggering through the restaurant, and one fell asleep at the table, charging documents state — Helsley continued to bring drinks to their table, police said.

Minutes after leaving the bar, Wynn — who toxicology reports later showed was legally drunk and had marijuana in his system when he got behind the wheel — missed a curve on County Road 300N.

His car, going nearly 100 miles per hour, careened off the side of the road near Fortville Pike, flipping several times before coming to rest in a cornfield, charging documents state.

Wynn and Wadley, who was riding in the backseat of the car, both died from injuries sustained in the wreck

Wynn, who had a blood-alcohol content of .12 percent, was pronounced dead at the scene by a representative from the Hancock County Coroner’s Office; Wadley, whose blood-alcohol level registered .28 percent, was flown to an Indianapolis hospital, records state. He died the next day, court records state.

Cody Boyd, 21, of Greenfield — who was with the men at the bar and was seated in the front seat of the car at the time of the crash — suffered minor injuries, police said. He was the only one in the car wearing a seat belt, police said.

Indiana law prohibits bars and restaurant from serving alcohol to anyone who appears intoxicated, and servers are required to undergo training every three years to recognize signs of intoxication.

But Helsley hadn’t undergone that training, police learned during their investigation into the crash.

When interviewed by police, Helsley could name few visuals signs of intoxication, court documents state. He told police Wynn was “getting there” when asked how intoxicated he appeared, according to documents.

Helsley faced 180 days in jail, but prosecutors agreed he could serve that sentence on probation, citing his lack of a criminal history, Martin said.